A Practical Guide to the Law of Prescription in Scotland

Chapter One – Introduction – What Is Prescription?
What Is Prescription and Why Do We Have It?
How Does Prescription Differ From Limitation?
Fundamental Concepts of Prescription

Chapter Two – What Are the Prescriptive Periods?
The Ten-Year Period
The Two-Year Period
Proceeds of Crime / Criminal Activity
The 20-Year Period
The Five Year Period
Imprescriptable Rights and Obligations
Grey Areas
Conclusion in Relation to the Prescriptive Periods

Chapter Three – When Does the Clock Start to Run?
Introducing Sections 6 and 7 and Schedule 2
Schedule 2
A Series of Transactions
Contracts of Loan or Deposit
Contracts of Partnership or Agency
Payment by Instalments
Section 11
Conclusions in Relation to the Start of the Prescriptive Period

Chapter Four – Interruption and Suspension of the Prescriptive Periods
Relevant Claims
Relevant Acknowledgements
Fraud, Error or Legal Disability

Chapter Five – Reparation for Loss, Injury or Damage – the Discoverability Test
Historical View of Discoverability Test
Morrison -v- ICL Plastic and Beyond
The Current Position

Chapter Six – Contracts Governed by Foreign Law

Chapter Seven – Law Reform – the Scottish Law Commission Report, and Progress Through Parliament
Rationale for Reform and Approach of the SLC
Scope of Five-Year and 20-Year Prescriptive Periods and Their Relationship With Statute
The Discoverability Test
Long-Stop Dates
Contracting Out of the Prescriptive Period
Burden of Proof
Fraud, Concealment and Error
Relevant Claim
Passage of the Bill
Parliamentary Scrutiny

Chapter Eight – The Prescription (Scotland) Act 2018
Obligations to Pay Damages and Delictual Obligations
Prescriptive Periods in Other Statutes
Debtor’s Intention
Relevant Claims – Final Disposal
Burden of Proof
Long-Stop Dates
“Standstill” Agreements
Transitional Arrangements and Coming Into Force